Case Digest (G.R. No. 130607) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On May 14, 1989 at around 9:00 a.m. in Barangay Calaba, Bangued, Abra, respondent Rodrigo Almazan, a constable of the 135th PC Company, armed with a foot-long firearm, suddenly leaped from a hill and shot victim Loreto Apolinar, fatally wounding him on a narrow trail by the Abra River. The victim’s wife, Felimar Apolinar, eight months pregnant, testified that she was nearly ten meters behind her husband when she saw Almazan fire the first shot at two feet’ distance. The mortally wounded Loreto fled to the Sequerrasa house 45 meters away, followed by Almazan, who fired a second shot inside the hut. Despite her condition, Felimar ran another 250 meters to Patrolman Juanito Blanes’ home to seek aid. Blanes corroborated that he met Felimar crying for help shortly after hearing two gunshots and later found Loreto dead. Francisca Sequerrra gave varying accounts but did not identify Almazan as the shooter. A medico-legal autopsy revealed multiple entry wounds from a shotgun fired at cl Case Digest (G.R. No. 130607) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Procedural Background
- Appellant Rodrigo Almazan was charged before the RTC of Bangued, Abra with murder under an Information alleging intent to kill, treachery, evident premeditation, and use of an unrecovered firearm.
- The RTC convicted him of murder and imposed an indeterminate penalty of 14 years, 10 months and 20 days (minimum) to 18 years (maximum) of reclusion temporal. On appeal, the CA affirmed the conviction but increased the penalty to reclusion perpetua. The case was then elevated to the Supreme Court.
- Material Facts of the Killing
- On May 14, 1989, at around 9:00 a.m., Loreto Apolinar and his wife Felimar were returning from bathing and washing clothes at the Abra River via a narrow trail about 45 m from their house in Barangay Calaba, Bangued. Loreto was walking ahead by about 9 m.
- Rodrigo Almazan emerged from a hill, armed with a long firearm, and shot Loreto at close range (muzzle 1½–2 ft from the body). Felimar shouted pleas to stop him, but Almazan pursued the mortally wounded Loreto into the house of spouses Eriberto and Francisca Sequerra and shot him again inside. Almazan then threatened Felimar before fleeing.
- Patrolman Juanito Blanes heard two gunshots soon after meeting Almazan on a tricycle. Francisca Sequerra and Felimar sought his help. He found Loreto dead, with his head protruding through a sawali wall.
- Autopsy by Dr. Venus revealed multiple thru-and-thru gunshot wounds to head and chest, powder burns, tissue lacerations and massive hemorrhage—cause of death: cardiac tamponade and brain injury secondary to multiple gunshots.
- Appellant’s defense: he was on military guard duty in La Paz, Abra from May 13 to 14, 1989, as shown by Morning Reports and Guard Details. He alibied that he could not have been at the crime scene.
Issues:
- Evidentiary Issues
- Whether Felimar Apolinar’s eyewitness testimony identifying the appellant is credible and sufficient to establish guilt beyond reasonable doubt.
- Whether the appellant’s alibi—supported by military duty records—creates reasonable doubt as to his presence at the crime scene.
- Legal Issues
- Whether treachery and evident premeditation qualify the killing as murder under Article 248 of the Revised Penal Code.
- Whether use of an unlicensed firearm is an aggravating circumstance despite lack of allegation and proof.
- Proper determination of penalty in light of absence of proven aggravating or mitigating circumstances.
- Entitlement of the victim’s heirs to exemplary damages.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)